SSB 5886 (WA Digital Likeness Rights)
Washington SSB 5886: Protecting Forged Digital Likenesses (AI Deepfakes)
Washington · Wash. SSB 5886, Ch. 69, 2026 Laws; RCW ch. 63.60 (amending personality rights statute)
- Status
- In effect
- Took effect
- June 11, 2026
- Applies to
- Anyone who creates, uses, or distributes forged digital likenesses of real people without consent in Washington
- Enforced by
- Washington courts (civil action by the person depicted)
Washington updated its personality-rights law so that AI-generated audio or video that realistically mimics someone's face or voice without consent — called a 'forged digital likeness' — is now a civil violation. Victims can seek court injunctions to stop the misuse, and the civil penalty for each infringement is $3,000 plus any actual damages they can prove. The law became effective June 11, 2026.
Who is protected: Washington residents and public figures whose voice or likeness may be replicated in AI-generated deepfakes without consent
Legal detail
SSB 5886 (2025-26 Reg. Sess.; signed Mar. 16, 2026; effective June 11, 2026) amends ch. 63.60 RCW (Washington's personality rights statute) to add 'forged digital likeness' — AI-generated audio or video realistically depicting an individual's appearance, voice, signature, or actions without consent — as a protected attribute alongside name, voice, and photograph. Civil remedy: courts may issue injunctions; civil penalty increased to $3,000 per infringement, plus actual damages available.
Key facts
| Jurisdiction | Washington |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | March 16, 2026 |
| Citation | Wash. SSB 5886, Ch. 69, 2026 Laws; RCW ch. 63.60 (amending personality rights statute) |
| Private right of action | Yes, individuals can sue |
| Penalties | $3,000 civil penalty per infringement plus actual damages; injunctive relief available |
| Topics | deepfakes · copyright and training data · consumer protection |
| Legal analysis | Washington State Expands Personality Rights Law to Cover AI-Generated Deepfakes — Cooley LLP |
More AI rules in Washington
- WA SB 5982 (Data Center / Clean Energy) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
- Washington HB 1999 (criminalizes AI/fabricated CSAM and nonconsensual fake intimate images) · In effect
- Washington SB 5395 (limits AI in health-insurance prior-auth denials) · In effect
- My Health My Data Act · In effect
- SB 5152 (Election Synthetic Media) · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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